Special Roads Act 1949

14 Amendments of law relating to trunk roads

(1) In relation to a trunk road not being a special road the Minister may, by order made in accordance with the provisions of the Second Schedule to the Trunk Roads Act, 1946 make provision for any purpose specified in paragraph (c) or (d) of subsection (1) of section three of this Act, or for any purpose incidental to those purposes; and references in sub sections (3) to (5) of the said section three to an order under the section, to a special road and to a special road authority, shall 1 construed accordingly.

(2) The power of the Minister under section thirteen of the Restriction of Ribbon Development Act, 1935, as modified by the Trunk Roads Acts, 1936 and 1946, to acquire land for the purpose of a trunk road shall include power to acquire any land which his opinion is required—

(a) for the carrying out of any works authorised by any order under the last foregoing subsection ;

(b) for the provision of buildings or facilities to be used connection with the construction or maintenance of the trunk road :

Provided that the Minister shall not be enabled by virtue this section to acquire otherwise than by agreement any land lying more than two hundred and twenty yards from the middle of the trunk road or where the land is required for the construction, improvement or alteration of any other road, from the middle of that other road.

(3) The provisions of section eleven of this Act shall apply in relation to trunk roads, not being special roads as they apply in relation to special roads with the substitution for any reference to a scheme or order under this Act, or to an order under section three of this Act, of a reference to an order under section one of the Trunk Roads Act, 1946, or under subsection (1) of this section.

(4) Part IV of the First Schedule to this Act shall have effect with respect to the validity and date of operation of any order made under section one of the Trunk Roads Act, 1946, or under subsection (2) of section thirteen of the Trunk Roads Act, 1936, or under subsection (1) of this section.

(5) Any order made by the Minister under subsection (2) of section one of the Trunk Roads Act, 1946, directing that a road proposed to be constructed by him shall become a trunk road may direct that any part of an existing road which crosses the route of the road to be so constructed, or any existing road which becomes a trunk road by virtue of the order, shall, notwithstanding anything in section three of the Trunk Roads Act, 1936, be maintained by the former highway authority until such date, not being later than the date on which the new route is opened for the purposes of through traffic, as may be specified in a notice given by the Minister to that authority.

(6) Subsection (3) of section six of the Trunk Roads Act, 1936 (which empowers the Minister to construct bridges under or over trunk roads), subsection (2) of section two of the Trunk Roads Act, 1946 (which regulates the date on which a road may become or cease to be a trunk road under that Act) and section four of the said Act of 1946 (which confers powers on the Minister relating to side roads connected with trunk roads) shall cease to have effect:

Provided that, without prejudice to the provisions of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals) any order made before the commencement of this Act under the said section four shall continue in force and may be revoked or varied, and the provisions of the said section four shall apply thereto, as if this subsection had not been enacted.

(7) Any order made under subsection (3) of section one of the Trunks Roads Act, 1936, (which enables the Minister to direct that a road shall become a trunk road or a county road) may, notwithstanding the repeal of the said subsection (3) by the Trunk Roads Act, 1946, be revoked or varied as if that subsection had not been repealed.

(8) Section six of the Trunk Roads Act, 1946 (which enables orders to be made for the construction of bridges over navigable waters as part of trunk roads) shall have effect as if in subsection (1) after the words " an order under section one of this Act " there were inserted the words " or by an order under this section made in accordance with the provisions of the Second Schedule to this Act ".